Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 138) sur l'âge minimum, 1973 - Sao Tomé-et-Principe (Ratification: 2005)

Autre commentaire sur C138

Observation

2022

Demande directe

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Legislation. The Committee notes with interest that the new Labour Code No.6 of 2019 which repeals Law No 6/1992, has been adopted.

Article 2(1) of the Convention. Scope of application. Following its previous comments, the Committee notes the Government’s indication in its report that it has launched several programmes and campaigns to eliminate all forms of work by children under 14 years of age. It also states that the Labour Code No 6 of 2019 places more emphasis on combating the hiring of children for work and encourages the reporting of cases of exploitation of children in family work. Accordingly, the Committee notes that the activities prohibited for children under 18 years as per section 274(3) and listed in Annex IV of Labour Law No. 6/2019 include work on the streets and public spaces and domestic work. However, the Committee notes that according to sections 2 and 3, the provisions of the Labour Law No 6 of 2019, apply to employment contracts by which a person undertakes, in return, to provide his intellectual or manual activity to another person or other persons, under their authority and direction. Moreover, it notes from the ILO Programme for Promotion of Decent Work in Sao Tome and Principe, 2018-2022 that child labour remains widespread in Sao Tome and Principe, in subsistence farming, plantations and small-scale fisheries and that children start working in the informal economy at a very young age. The Committee therefore requests the Government to continue to take the necessary measures, including through adapting and strengthening the labour inspection services, to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

Article 2(2) and (3) of the Convention. Raising the minimum age for admission to employment or work and the age of completion of compulsory schooling. The Committee notes with interest that section 268(2) of the Labour Code No 6/2019 establishes a minimum age of 15 years for admission to employment or work, as opposed to the minimum age of 14 years specified at the time of ratification. Section 268(1) of the Labour Code No 6/2019 further stipulates that only a minor who has completed compulsory education and has the physical and mental abilities appropriate for employment shall be admitted to work. In this regard, the Committee notes the Government’s indication in its Report submitted to the United Nations Human Rights Council, December 2020 (Report to the HRC, 2020) that sections 2 and 12 of the Basic Act on the Education System Act No 4/2018 establishes universal, compulsory and free education up to the ninth year of schooling (paragraph 53). The Committee observes that the age of completion of compulsory education up to the ninth grade (which shall be completed at the age of 15 years), established under the Basic Act on Education System Act No 4 of 2018 is in line with the minimum age for admission to work or employment established under the Labour Code No 6/2019. The Committee requests the Government to provide a copy of the Basic Education Act No 4 of 2018. It further requests the Government to consider the possibility of sending a declaration under Article 2(2) of the Convention thereby notifying the Director-General of the ILO that it has raised the minimum age that it had previously specified.

Article 6. Apprenticeship and vocational training. With regard to the previous comments raised by the Committee concerning the minimum age for apprenticeship and vocational training, the Government indicates that no child under the age of 14 years may be enrolled in a vocational training programme. The Committee notes that according to section 267(1) of the Labour Code No 6/2019, the State must provide minors who have completed compulsory schooling with professional training suitable for their preparation for active life. The Committee notes that section 270 of the Labour Code No 6/2019, states that the implementation of the provisions of section 269(1) with regard to the vocational training of minors shall be subject to special legislation. The Committee requests the Government to indicate whether any special legislation regulating vocational training of minors has been adopted pursuant to section 270 of the Labour Code No 6/2019.

Article 7. Light work. Following its previous comments, the Committee notes that according to section 268(3) of the Labour Code No 6/2019, a minor over 14 years of age who has completed compulsory schooling can do light work which, by the nature of the tasks or the specific conditions under which they are carried out, are not harmful to their safety and health or their physical, psychological or moral development or interfere with their school attendance or training programmes. With regard to the limits of working time, section 275(3) stipulates that minors under the age of 16 engaged in light work shall not work for more than 7 hours a day and 35 hours a week.

Article 9(1). Penalties. The Committee notes that the Government’s information refers to the corresponding provisions under the Labour Code No 6/2019 concerning sanctions and no information is provided on their application in practice. It notes that according to section 536, any violation of section 268(1) (minimum age provision) and section 273(2) (prohibition on hazardous work) shall be punishable with imprisonment for up to two years or fines. In the event that the minor has not reached the minimum age for admission to employment or has not completed compulsory education, the penalties shall be doubled. The Committee once again requests that the Government provide information on the application in practice of the penalties laid down under section 536 of the Labour Code No. 6 of 2019 for the breach of the provisions related to employment of children, including the number and nature of violations detected and penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that according to the General rules of employment under section 58 of the Labour Code No 6/2019, every employment contract shall be made in a written form, a copy of which shall be send to the Ministry of Labour within 15 days of its conclusion. Section 101 (2)(k) further states that the employer shall keep a registry containing the details of his employees, in particular the names, dates of birth, remuneration and other contract details.

Labour inspectorate and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that the labour inspectorate pay periodic visits to areas where children are likely to be hired. The Government indicates that although the Ministry of Labour has not received any notification concerning employment contracts involving children under the minimum age, the illegal employment of children remains a fact. It further states that there is no effective coordination between the various institutions such as the Ministry of Labour, Education, Justice and Human Rights, and therefore it is difficult to comply with the provisions of the Convention and the Labour Code. The Committee notes that according to the Multiple Indicator Cluster Survey of 2019 (MICS, page 200), 3,966 children between 5 to 14 years of age are involved in economic activities. The Committee notes the Government’s indication in its Report to the HRC, 2020 that it has taken various legislative and policy measures, including the adoption of the National Child Protection Policy and the corresponding National action plan of 2016 which has helped in combating child labour. However, the country is finding it difficult to fully implement these measures mainly for material and financial reasons (paragraphs 77 and 80). The Committee requests the Government to take all the necessary measures to (i) effectively implement the National Action Plan Against Child Labour, and (ii) to improve collaboration between the labour inspection system and other bodies in order to effectively detect and eliminate child labour. It requests the Government to provide information on the measures taken in this regard. Recalling the importance of statistical data to assess the application of the Convention in practice, it also requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including available statistical data on the employment of children and young persons and extracts from inspection reports.